49–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–707 

CABIN FEE ACT OF 2014 

DECEMBER 22, 2014.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 5476] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resource, to whom was referred the 

bill (H.R. 5476) to modify the Forest Service Recreation Residence 

Program as the program applies to units of the National Forest 

System derived from the public domain by implementing a simple, 

equitable, and predictable procedure for determining cabin user 

fees, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Cabin Fee Act of 2014’’. 

SEC. 2. CABIN USER FEES. 

(a) IN GENERAL.—The Secretary of Agriculture (referred to in this Act as the ‘‘Secretary’’) shall establish a fee in accordance with this section for the issuance of a 

special use permit for the use and occupancy of National Forest System land for recreational residence purposes. 

(b) INTERIM FEE.—During the period beginning on January 1, 2014, and ending 

on the last day of the calendar year during which the current appraisal cycle is completed under subsection (c), the Secretary shall assess an interim annual fee for recreational residences on National Forest System land that is an amount equal to the 

lesser of— 

(1) the fee determined under the Cabin User Fee Fairness Act of 2000 (16 

U.S.C. 6201 et seq.), subject to the requirement that any increase over the fee 

assessed during the previous year shall be limited to not more than 25 percent; 

or 

(2) $5,600. 

(c) COMPLETION OF CURRENT APPRAISAL CYCLE.—Not later than 1 year after the 

date of the enactment of this Act, the Secretary shall complete the current appraisal 

cycle, including receipt of timely second appraisals, for recreational residences on 


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National Forest System land in accordance with the Cabin User Fee Fairness Act 

of 2000 (16 U.S.C. 6201 et seq.) (referred to in this Act as the ‘‘current appraisal 

cycle’’). 

(d) LOT VALUE.—Only appraisals conducted and approved by the Secretary in accordance with the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) during the current appraisal cycle shall be used to establish the base value assigned 

to the lot, subject to the adjustment in subsection (e). If a second appraisal— 

(1) was approved by the Secretary, the value established by the second appraisal shall be the base value assigned to the lot; or 

(2) was not approved by the Secretary, the value established by the initial appraisal shall be the base value assigned to the lot. 

(e) ADJUSTMENT.—On the date of completion of the current appraisal cycle, and 

before assessing a fee under subsection (f), the Secretary shall make a 1-time adjustment to the value of each appraised lot on which a recreational residence is located 

to reflect any change in value occurring after the date of the most recent appraisal 

for the lot, in accordance with the 4th quarter of 2012 National Association of 

Homebuilders/Wells Fargo Housing Opportunity Index. 

(f) ANNUAL FEE.— 

(1) BASE.—After the date on which appraised lot values have been adjusted 

in accordance with subsection (e), the annual fee assessed prospectively by the 

Secretary for recreational residences on National Forest System land shall be 

in accordance with the following tiered fee structure: 

Fee Tier 

Approximate 

Percent of Permits 

Nationally 

Fee Amount 

Tier 1 ................................................... 6 percent ............................................................ $650

Tier 2 ................................................... 16 percent .......................................................... $1,150

Tier 3 ................................................... 26 percent .......................................................... $1,650

Tier 4 ................................................... 22 percent .......................................................... $2,150

Tier 5 ................................................... 10 percent .......................................................... $2,650

Tier 6 ................................................... 5 percent ............................................................ $3,150

Tier 7 ................................................... 5 percent ............................................................ $3,650

Tier 8 ................................................... 3 percent ............................................................ $4,150

Tier 9 ................................................... 3 percent ............................................................ $4,650

Tier 10 ................................................. 3 percent ............................................................ $5,150

Tier 11 ................................................. 1 percent ............................................................ $5,650. 

(2) INFLATION ADJUSTMENT.—The Secretary shall increase or decrease the annual fees set forth in the table under paragraph (1) to reflect changes in the 

Implicit Price Deflator for the Gross Domestic Product published by the Bureau 

of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. 

(3) ACCESS AND OCCUPANCY ADJUSTMENT.— 

(A) IN GENERAL.—The Secretary shall by regulation establish criteria pursuant to which the annual fee determined in accordance with this section 

may be suspended or reduced temporarily if access to, or the occupancy of, 

the recreational residence is significantly restricted. 

(B) APPEAL.—The Secretary shall by regulation grant the cabin owner the 

right of an administrative appeal of the determination made in accordance 

with subparagraph (A) whether to suspend or reduce temporarily the annual fee. 

(g) PERIODIC REVIEW.— 

(1) IN GENERAL.—Beginning on the date that is 10 years after the date of the 

enactment of this Act, the Secretary shall submit to the Committee on Energy 

and Natural Resources of the Senate and the Committee on Natural Resources 

of the House of Representatives a report that— 

(A) analyzes the annual fees set forth in the table under subsection (f) 

to ensure that the fees reflect fair value for the use of the land for recreational residence purposes, taking into account all use limitations and restrictions (including any limitations and restrictions imposed by the Secretary); and 

(B) includes any recommendations of the Secretary with respect to modifying the fee system. 

(2) LIMITATION.—The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B). 


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SEC. 3. CABIN TRANSFER FEES. 

(a) IN GENERAL.—The Secretary shall establish a fee in the amount of $1,200 for 

the issuance of a new recreational residence permit due to a change of ownership 

of the recreational residence. 

(b) ADJUSTMENTS.—The Secretary shall annually increase or decrease the transfer 

fee established under subsection (a) to reflect changes in the Implicit Price Deflator 

for the Gross Domestic Product published by the Bureau of Economic Analysis of 

the Department of Commerce, applied on a 5-year rolling average. 

SEC. 4. EFFECT. 

(a) IN GENERAL.—Nothing in this Act limits or restricts any right, title, or interest 

of the United States in or to any land or resource in the National Forest System. 

(b) ALASKA.—The Secretary shall not establish or impose a fee or condition under 

this Act for permits in the State of Alaska that is inconsistent with section 1303(d) 

of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)). 

SEC. 5. RETENTION OF FEES. 

(a) IN GENERAL.—Beginning 10 years after the date of the enactment of this Act, 

the Secretary may retain, and expend, for the purposes described in subsection (b), 

any fees collected under this Act without further appropriation. 

(b) USE.—Amounts made available under subsection (a) shall be used to administer the recreational residence program and other recreation programs carried out 

on National Forest System land. 

SEC. 6. REPEAL OF CABIN USER FEE FAIRNESS ACT OF 2000. 

Effective on the date of the assessment of annual permit fees in accordance with 

section 2(f) (as certified to Congress by the Secretary), the Cabin User Fee Fairness 

Act of 2000 (16 U.S.C. 6201 et seq.) is repealed. 

PURPOSE OF THE BILL

The purpose of H.R. 5476 is to modify the Forest Service Recreation Residence Program as the program applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees. 

BACKGROUND AND NEED FOR LEGISLATION

The Cabin Fee Act of 2014 would establish a simple, predictable 

fee-setting system under which owners of private recreational cabins on U.S. Forest Service-owned lots are assigned a place on a sixtiered fee structure based on a current appraisal of the occupied 

land. Future fee increases would be tied to inflation, eliminating 

the Forest Service’s costly administrative burden of constant appraisals and appeals. 

H.R. 5476 is similar to cabin fee legislation previously reported 

by the Natural Resources Committee but includes a new fee schedule that is needed to achieve a revenue neutral score. Earlier 

versions gave stability and predictability to cabin owners but their 

Congressional Budget Office (CBO) scores prevented the bills from 

advancing. The fee schedule in H.R. 5476 is designed to make the 

bill revenue neutral over the 1, 5 and 10 year budget windows. 

Fourteen thousand American families own cabins on land in our 

National Forests but unless Congress acts to bring about a course 

correction, many thousands of these people will be forced to abandon family heirloom cabins as the currently required fee hikes go 

into effect. This bill provides a legislative solution that can head off 

that impending tragedy. The bill seeks to be balanced and fair to 

both the cabin owners and the Treasury, and the fees are intended 

to result in a revenue neutral CBO score. 

Many private cabins on Forest Service land are simple, rustic 

structures hand-built by the grandparents of the current owners 


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early in the last century and passed down from generation to generation. The overwhelming majority of the cabins are modest family retreats. The purpose of this bill is to keep the fees affordable 

for American families. The cabin owners affected by this bill are 

charged an annual fee for use of the land on which their cabin sits. 

They do not get any ownership rights to the land. They have only 

a temporary and highly restricted use-permit for, basically, the 

footprint of their cabin. 

Because a temporary, limited use-permit is not comparable to the 

rights acquired when someone owns property in fee simple, it has 

proven impossible under current law to establish a fair process for 

setting the fees charged the cabin owners. The current system has 

resulted in unrealistic, arbitrary fee hikes that are completely 

unaffordable for average families. For example, the Seattle Times 

reported recently that cabin owners in Lake Wenatchee received 

notice that their fees will increase more than one thousand percent, 

from $1,400 to more than $17,000. Skyrocketing fees also make 

these part-time homes unmarketable, leaving families who are unable to pay the high fee, also unable to sell their cabins. Unless 

Congress acts to establish a realistic pricing structure, families 

across the nation may be forced to tear down their cabins because 

they can neither afford the fees themselves nor find a buyer for 

their cabin. 

The Cabin Fee Act of 2014 will establish a simple, predictable 

fee-setting system based on a tiered structure. And because future 

fee increases will be tied to inflation, it will eliminate the Forest 

Service’s costly administrative burden of constant appraisals and 

appeals. 

COMMITTEE ACTION

H.R. 5476 was introduced on September 16, 2014, by Congressman Doc Hastings (R–WA). The bill was referred to the Committee 

on Natural Resources and on September 18, 2014, the Committee 

met to consider the bill. Congressman Hastings offered an amendment designated .045 to the bill; the amendment was adopted by 

unanimous consent. The bill, as amended, was then adopted and 

ordered favorably reported to the House of Representatives by 

unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 


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3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 5476—Cabin Fee Act of 2014 

Summary: H.R. 5476 would establish a new schedule for the fees 

paid to the federal government by individuals who own cabins located on Forest Service lands. The bill also would establish a fee 

that would be assessed on individuals who transfer ownership of 

their cabins. Based on information provided by the Forest Service, 

CBO estimates that enacting the legislation would reduce net direct spending by $1 million over the 2015–2024 period; therefore, 

pay-as-you-go procedures apply. Enacting H.R. 5476 would not affect revenues. 

H.R. 5476 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 

Estimated Cost to the Federal Government: The estimated budgetary impact of H.R. 5476 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015– 

2019 

2015– 

2024 

CHANGES IN DIRECT SPENDING 

Reduction in Cabin Fees: 

Estimated Budget Authority a ..................... 6 2 ¥1 * * * * * ¥1 ¥1 7 4 

Estimated Outlays ........ 6 2 ¥1 * * * * * ¥1 ¥1 7 4 

Cabin Transfer Fee: 

Estimated Budget Authority ....................... * * * ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥2 ¥5 

Estimated Outlays ........ * * * ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥2 ¥5 

Total Changes: 

Estimated Budget 

Authority .......... 6 2 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 4 ¥1 

Estimated Outlays 6 2 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 4 ¥1 

Notes: Amounts may not sum to totals because of rounding; between ¥$500,000 and $500,000. 

a. Because the fees already paid by some cabin owners for 2014 would exceed the amounts that would be owed in that year under the bill, CBO expects that the Forest Service would provide refunds to those cabin owners in 2015. 

Basis of Estimate: For this estimate, CBO assumes that the legislation will be enacted at the end of 2014. 

CBO estimates that enacting H.R. 5476 would reduce net direct 

spending by $1 million over the 2015–2024 period. Over that period, fees collected from cabin owners by the Forest Service would 

total $4 million less than what would be collected under current 

law (such losses would be reflected in the budget as an increase in 

direct spending). In addition, proceeds from the cabin transfer fee 

required under H.R. 5476 would increase receipts (thus reducing 

direct spending) by $5 million over that period. 

Reduction in cabin fees 

H.R. 5476 would establish a new schedule for fees assessed on 

cabins located on Forest Service lands. Under current law, owners 

of the roughly 14,000 affected cabins pay an annual fee to the fedVerDate Sep 11 2014 07:07 Jan 09, 2015 Jkt 049006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR707.XXX HR707

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eral government equal to 5 percent of the appraised value of the 

occupied land. Fee collections from those cabins totaled roughly $30 

million in 2014 and CBO estimates that those collections will increase, under current law, to about $35 million by 2024. Collections 

will increase over that period as the agency completes appraisals 

of the affected Forest Service lands, implements new fees based on 

those appraisals, and annually adjusts fees on all cabins to account 

for inflation. 

Because H.R. 5476 would cap annual cabin fees at $5,650 and 

prevent scheduled increases from being implemented as they would 

be under current law, CBO estimates that enacting the bill would 

lower annual receipts by an average of about $90 per cabin over 

the 2015–2024 period. However, because of the reduction in fees 

CBO expects that fewer cabins would be abandoned under the bill 

than under current law, partially offsetting the reduction in the fee 

paid per cabin. On net, we estimate that enacting the new cabin 

fees required under H.R. 5476 would reduce offsetting receipts (and 

thus increase direct spending) by $4 million over the 2015–2024 period. 

Cabin transfer fees 

H.R. 5476 would require the Forest Service to collect a fee of 

$1,200 from cabin owners who transfer ownership of their cabins. 

That fee would be adjusted annually to account for inflation. CBO 

estimates that enacting this provision would increase offsetting receipts, which are treated as reductions in direct spending, by $5 

million over the 2015–2024 period, based on information provided 

by the Forest Service indicating that about 400 permits will be 

issued to new owners each year. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO-EFFECTS FOR H.R. 5476 AS ORDERED REPORTED BY THE 

HOUSE COMMITTEE ON NATURAL RESOURCES ON SEPTEMBER 19, 2014 

By fiscal year, in millions of dollars— 

2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015– 

2019 

2015– 

2024 

NET INCREASE OR DECREASE (¥) IN THE DEFICIT 

Statutory Pay-As-You-Go Impact ........... 6 2 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 4 ¥1 

Intergovernmental and private-sector impact: H.R. 5476 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would not affect the budgets of state, local, or tribal 

governments. 

Previous CBO estimates: On April 5, 2013, CBO transmitted a 

cost estimate for H.R. 1159, the Cabin Fee Act of 2013, as ordered 

reported by the House Committee on Natural Resources on March 

20, 2013. H.R. 5476 would establish a higher cap on fees paid by 

each cabin owner, cap the amount that cabin fees could be increased each year through 2016, adjust the cabin transfer fee for 


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inflation, and make the cabin transfer fee apply in all cases where 

ownership of a cabin is transferred. 

On March 5, 2014, CBO transmitted a cost estimate for S. 1341, 

the Cabin Fee Act of 2013, as ordered reported by the Senate Committee on Energy and Natural Resources on December 19, 2013. 

H.R. 5476 would establish a higher cap on fees paid by each cabin 

owner and cap the amount that cabin fees could be increased each 

year through 2016. 

On September 12, 2014, CBO transmitted a cost estimate for 

H.R. 4873, the Cabin Fee Act of 2014, as ordered reported by the 

House Committee on Natural Resources on June 19, 2014. H.R. 

5476 would establish a higher cap on fees paid by each cabin 

owner. 

Those differences are reflected in the cost estimates for H.R. 

5476 and the three earlier bills. 

Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 

State, Local, and Tribal Governments: Jon Sperl; Impact on the 

Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

Based on information provided by the Forest Service, CBO estimates that enacting the legislation would reduce net direct spending by $1 million over the 2015–2024 period. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to modify the Forest Service Recreation Residence 

Program as the program applies to units of the National Forest 

System derived from the public domain by implementing a simple, 

equitable, and predictable procedure for determining cabin user 

fees. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman estimates that this bill directs the Secretary of Agriculture to conduct two rulemakings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published purVerDate Sep 11 2014 07:07 Jan 09, 2015 Jkt 049006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR707.XXX HR707

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suant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets): 

CABIN USER FEE FAIRNESS ACT OF 2000 

øTITLE VI—USER FEES UNDER FOREST 

SYSTEM RECREATION RESIDENCE 

PROGRAM 

øSEC. 601. SHORT TITLE. 

øThis title may be cited as the ‘‘Cabin User Fee Fairness Act of 

2000’’. 

øSEC. 602. FINDINGS. 

øCongress finds that— 

ø(1) cabins located on forest land have provided a unique 

recreation experience to a large number of cabin owners, their 

families, and guests each year since Congress authorized the 

recreation residence program in 1915; and 

ø(2) the fact that current appraisal procedures have, in certain circumstances, been inconsistently applied in determining 

fair market values for residential lots demonstrates that problems exist in accurately reflecting market values. 

øSEC. 603. PURPOSES. 

øThe purposes of this title are— 

ø(1) to ensure, to the maximum extent practicable, that the 

National Forest System recreation residence program is managed to preserve the opportunity for individual and family-oriented recreation; and 

ø(2) to develop and implement a more consistent procedure 

for determining cabin user fees, taking into consideration the 

limitations of an authorization and other relevant market factors. 

øSEC. 604. DEFINITIONS. 

øIn this title: 

ø(1) AGENCY.—The term ‘‘agency’’ means the Forest Service. 

ø(2) AUTHORIZATION.—The term ‘‘authorization’’ means a 

special use permit for the use and occupancy of National Forest System land by a cabin owner under the authority of the 

program. 

ø(3) BASE CABIN USER FEE.—The term ‘‘base cabin user fee’’ 

means the fee for an authorization that results from the appraisal of a lot as determined in accordance with sections 606 

and 607. 


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ø(4) CABIN.—The term ‘‘cabin’’ means a privately built and 

owned recreation residence that is authorized for use and occupancy on National Forest System land. 

ø(5) CABIN OWNER.—The term ‘‘cabin owner’’ means— 

ø(A) a person authorized by the agency to use and to occupy a cabin on National Forest System land; and 

ø(B) an heir or assign of such a person. 

ø(6) CABIN USER FEE.—The term ‘‘cabin user fee’’ means a 

special use fee paid annually by a cabin owner to the Secretary 

in accordance with this title. 

ø(7) CARETAKER CABIN.—The term ‘‘caretaker cabin’’ means 

a caretaker residence occupied in limited cases in which caretaker services are necessary to maintain the security of a tract. 

ø(8) CURRENT CABIN USER FEE.—The term ‘‘current cabin 

user fee’’ means the most recent cabin user fee that results 

from an annual adjustment to the base cabin user fee in accordance with section 608. 

ø(9) LOT.—The term ‘‘lot’’ means a parcel of land in the National Forest System— 

ø(A) on which a cabin owner is authorized to build, use, 

occupy, and maintain a cabin and related improvements; 

and 

ø(B) that is considered to be in its natural, native state 

at the time at which a use of the lot described in subparagraph (A) is first permitted by the Secretary. 

ø(10) NATURAL, NATIVE STATE.—The term ‘‘natural, native 

state’’ means the condition of a lot or site, free of any improvements, at the time at which the lot or site is first authorized 

for recreation residence use by the agency. 

ø(11) PROGRAM.—The term ‘‘program’’ means the recreation 

residence program established under the authority of the last 

paragraph under the heading ‘‘FOREST SERVICE’’ in the Act of 

March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497). 

ø(12) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Chief of the Forest 

Service. 

ø(13) TRACT.—The term ‘‘tract’’ means an established location within a National Forest containing 1 or more cabins authorized in accordance with the program. 

ø(14) TRACT ASSOCIATION.—The term ‘‘tract association’’ 

means a cabin owner association in which all cabin owners 

within a tract are eligible for membership. 

ø(15) TYPICAL LOT.—The term ‘‘typical lot’’ means a cabin lot, 

or a group of cabin lots, in a tract that is selected for use in 

an appraisal as being representative of, and that has similar 

value characteristics as, other lots or groups of lots within the 

tract. 

øSEC. 605. ADMINISTRATION OF RECREATION RESIDENCE PROGRAM. 

øThe Secretary shall ensure, to the maximum extent practicable, 

that the basis and procedure for calculating cabin user fees results 

in a fee for an authorization that reflects, in accordance with this 

title— 

ø(1) the market value of a lot; and 

ø(2) regional and local economic influences. 


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øSEC. 606. APPRAISALS. 

ø(a) REQUIREMENTS FOR CONDUCTING APPRAISALS.—In implementing and conducting an appraisal process for determining cabin 

user fees, the Secretary shall— 

ø(1) complete an inventory of improvements that were paid 

for by— 

ø(A) the agency; 

ø(B) third parties; or 

ø(C) cabin owners (or predecessors of cabin owners), 

during the completion of which the Secretary shall presume 

that a cabin owner, or a predecessor of the owner, has paid for 

the capital costs of any utility, access, or facility serving the lot 

being appraised, unless the Forest Service produces evidence 

that the agency or a third party has paid for the capital costs; 

ø(2) establish an appraisal process to determine the market 

value of the fee simple estate of a typical lot or lots considered 

to be in a natural, native state, subject to subsection (b)(4)(A); 

ø(3) enter into a contract with an appropriate professional 

appraisal organization to manage the development of specific 

appraisal guidelines in accordance with subsection (b), subject 

to public comment and congressional review; 

ø(4) require that an appraisal be performed by a State-certified general real estate appraiser, selected by the Secretary 

and licensed to practice in the State in which the lot is located; 

ø(5) provide the appraiser with appraisal guidelines developed in accordance with this title; 

ø(6) notwithstanding any other provision of law, require the 

appraiser to coordinate the appraisal closely with affected parties by seeking information, cooperation, and advice from cabin 

owners and tract associations; 

ø(7) require that the appraiser perform the appraisal in compliance with— 

ø(A) the most current edition of the Uniform Standards 

of Professional Appraisal Practice in effect on the date of 

the appraisal; 

ø(B) the most current edition of the Uniform Appraisal 

Standards for Federal Land Acquisitions that is in effect 

on the date of the appraisal; and 

ø(C) the specific appraisal guidelines developed in accordance with this title; 

ø(8) require that the appraisal report— 

ø(A) be a full narrative report, in compliance with the 

reporting standards of the Uniform Standards of Professional Appraisal Practice; and 

ø(B) comply with the reporting guidelines established by 

the Uniform Appraisal Standards for Federal Land Acquisitions; and 

ø(9) before accepting any appraisal, conduct a review of the 

appraisal to ensure that the guidelines made available to the 

appraiser have been followed and that the appraised values 

are properly supported. 

ø(b) SPECIFIC APPRAISAL GUIDELINES.—In the development of 

specific appraisal guidelines in accordance with subsection (a)(3), 

the instructions to an appraiser shall require, at a minimum, the 

following: 


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ø(1) APPRAISAL OF A TYPICAL LOT.— 

ø(A) IN GENERAL.—In conducting an appraisal under this 

section, the appraiser— 

ø(i) shall not appraise each individual lot; 

ø(ii) shall appraise a typical lot or lots, selected by 

the cabin owners and the agency in a manner consistent with the policy of the program; and 

ø(iii) shall be provided, and give appropriate consideration to, any information contained in the inventory 

of improvements relating to the lot being appraised. 

ø(B) ESTIMATE OF MARKET VALUE OF TYPICAL LOT.— 

ø(i) IN GENERAL.—The appraiser shall estimate the 

market value of a typical lot in accordance with this 

title. 

ø(ii) EQUIVALENCE TO LEGALLY SUBDIVIDED LOT.—In 

selecting a comparable sale under this title, the appraiser shall recognize that the typical lot will not 

usually be equivalent to a legally subdivided lot. 

ø(2) EXCEPTION FOR CERTAIN SALES OF LAND.—In conducting 

an appraisal under this title, the appraiser— 

ø(A) shall not select sales of comparable land that are 

sales of land within developed urban areas; and 

ø(B) should not, in most circumstances, select a sale of 

comparable land that includes land that is encumbered by 

a conservation or recreational easement that is held by a 

government or institution, except land that is limited to 

use as a site for 1 home. 

ø(3) ADJUSTMENTS FOR TYPICAL VALUE INFLUENCES.— 

ø(A) IN GENERAL.—The appraiser shall consider, and adjust as appropriate, the price of sales of comparable land 

for all typical value influences described in subparagraph 

(B). 

ø(B) VALUE INFLUENCES.—The typical value influences 

referred to in subparagraph (A) include— 

ø(i) differences in the locations of the parcels; 

ø(ii) accessibility, including limitations on access attributable to— 

ø(I) weather; 

ø(II) the condition of roads or trails; 

ø(III) restrictions imposed by the agency; or 

ø(IV) other factors; 

ø(iii) the presence of marketable timber; 

ø(iv) limitations on, or the absence of, services such 

as law enforcement, fire control, road maintenance, or 

snow plowing; 

ø(v) the condition and regulatory compliance of any 

site improvements; and 

ø(vi) any other typical value influences described in 

standard appraisal literature. 

ø(4) ADJUSTMENTS TO SALES OF COMPARABLE PARCELS.— 

ø(A) UTILITIES, ACCESS, OR FACILITIES.— 

ø(i) AGENCY.—Utilities, access, or facilities serving a 

lot that are provided by the agency shall be included 

as features of the lot being appraised. 


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ø(ii) CABIN OWNERS.—Utilities, access, or facilities 

serving a lot that are provided by the cabin owner (or 

a predecessor of the cabin owner) shall not be included 

as a feature of the lot being appraised. 

ø(iii) THIRD PARTIES.—Utilities, access, or facilities 

serving a lot that are provided by a third party shall 

not be included as a feature of the lot being appraised 

unless, in accordance with subsection (a)(1), the agency determines that the capital costs have not been or 

are not being paid by the cabin owner (or a predecessor of the cabin owner). 

ø(iv) WITHDRAWAL OF UTILITY OR ACCESS BY AGENCY.—If, during the term of an authorization, the agency or an act of God creates a substantial and materially adverse change in— 

ø(I) the provision or maintenance of any utility 

or access; or 

ø(II) a qualitative feature of the lot or immediate surroundings, 

the cabin owner shall have the right to request, and, 

at the discretion of the Secretary, obtain a new determination of the base cabin user fee at the expense of 

the agency. 

ø(B) ADJUSTMENT FOR EXCLUSION.—In a case in which 

any comparable sale includes utilities, access, or facilities 

that are to be excluded in the appraisal of the subject lot, 

the price of the comparable sale shall be adjusted, as appropriate. 

ø(C) ADJUSTMENT PROCESS.— 

ø(i) IN GENERAL.—The appraiser shall consider and 

adjust, as appropriate, the price of each sale of a comparable parcel for all nonnatural features referred to 

in subparagraph (A)(ii) that— 

ø(I)(aa) are present at, or add value to, the comparable parcel; but 

ø(bb) are not present at the lot being appraised; 

or 

ø(II) are not included in the appraisal as described in subparagraph (A). 

ø(ii) ADJUSTMENTS.— 

ø(I) IN GENERAL.—In a case in which the price 

of a parcel sold is to be adjusted in accordance 

with subparagraph (B), the adjustment may be 

based on an analysis of market or cost information 

or both. 

ø(II) COST INFORMATION.—If cost information is 

used as the basis of an adjustment under subclause (I), the cost information shall be supported 

by direct market evidence. 

ø(iii) ANALYSIS OF COST INFORMATION.—An analysis 

of cost information under clause (ii)(I) should include 

allowances, as appropriate, if the allowances are consistent with— 


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ø(I) the Uniform Standards of Professional Appraisal Practice in effect on the date of the analysis; and 

ø(II) the Uniform Appraisal Standards for Federal Land Acquisition. 

ø(D) REAPPRAISAL FOR AND RECALCULATION OF BASE

CABIN USER FEE.—Periodically, but not less often than once 

every 10 years, the Secretary shall recalculate the base 

cabin user fee (including conducting any reappraisal required to recalculate the base cabin user fee). 

øSEC. 607. CABIN USER FEES. 

ø(a) IN GENERAL.—The Secretary shall establish the cabin user 

fee as the amount that is equal to 5 percent of the market value 

of the lot, as determined in accordance with section 606, reflecting 

an adjustment to the typical market rate of return due to restrictions imposed by the permit, including— 

ø(1) the limited term of the authorization; 

ø(2) the absence of significant property rights normally attached to fee simple ownership; and 

ø(3) the public right of access to, and use of, any open portion of the lot on which the cabin or other enclosed improvements are not located. 

ø(b) FEE FOR CARETAKER CABIN.—The base cabin user fee for a 

lot on which a caretaker cabin is located shall not be greater than 

the base cabin user fee charged for the authorized use of a similar 

typical lot in the tract. 

ø(c) ANNUAL CABIN USER FEE IN THE EVENT OF DETERMINATION

NOT TO REISSUE AUTHORIZATION.—If the Secretary determines 

that an authorization should not be reissued at the end of a term, 

the Secretary shall— 

ø(1) establish as the new base cabin user fee for the remaining term of the authorization the amount charged as the cabin 

user fee in the year that was 10 years before the year in which 

the authorization expires; and 

ø(2) calculate the current cabin user fee for each of the remaining 9 years of the term of the authorization by multiplying— 

ø(A) 1⁄10 of the new base cabin user fee; by 

ø(B) the number of years remaining in the term of the 

authorization after the year for which the cabin user fee 

is being calculated. 

ø(d) ANNUAL CABIN USER FEE IN EVENT OF CHANGED CONDITIONS.—If a review of a decision to convert a lot to an alternative 

public use indicates that the continuation of the authorization for 

use and occupancy of the cabin by the cabin owner is warranted, 

and the decision is subsequently reversed, the Secretary may require the cabin owner to pay any portion of annual cabin user fees 

that were forgone as a result of the expectation of termination of 

use and occupancy of the cabin by the cabin owner. 

ø(e) TERMINATION OF FEE OBLIGATION IN LOSS RESULTING FROM

ACTS OF GOD OR CATASTROPHIC EVENTS.—On a determination by 

the agency that, because of an act of God or a catastrophic event, 

a lot cannot be safely occupied and the authorization for the lot 

should accordingly be terminated, the fee obligation of the cabin 


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owner shall terminate effective on the date of the occurrence of the 

act or event. 

øSEC. 608. ANNUAL ADJUSTMENT OF CABIN USER FEE. 

ø(a) IN GENERAL.—The Secretary shall adjust the cabin user fee 

annually, using a rolling 5-year average of a published price index 

in accordance with subsection (b) or (c) that reports changes in 

rural or similar land values in the State, county, or market area 

in which the lot is located. 

ø(b) INITIAL INDEX.— 

ø(1) IN GENERAL.—For the period of 10 years beginning on 

the date of enactment of this title, the Secretary shall use 

changes in agricultural land prices in the appropriate State or 

county, as reported in the Index of Agricultural Land Prices 

published by the Department of Agriculture, to determine the 

annual adjustment to the cabin user fee in accordance with 

subsections (a) and (d). 

ø(2) STATEWIDE CHANGES.—In determining the annual adjustment to the cabin user fee for an authorization located in 

a county in which agricultural land prices are influenced by 

the criteria described in section 606(b)(2), the Secretary shall 

use average statewide changes in the State in which the lot is 

located. 

ø(c) NEW INDEX.— 

ø(1) IN GENERAL.—Not later than 10 years after the date of 

enactment of this title, the Secretary may select and use an 

index other than the method of adjustment of a cabin user fee 

described in subsection (b)(2) to adjust a cabin user fee if the 

Secretary determines that a different index better reflects 

change in the value of a lot over time. 

ø(2) SELECTION PROCESS.—Before selecting a new index, the 

Secretary shall— 

ø(A) solicit and consider comments from the public; and 

ø(B) not later than 60 days before the date on which the 

Secretary makes a final index selection, submit any proposed selection of a new index to— 

ø(i) the Committee on Resources of the House of 

Representatives; and 

ø(ii) the Committee on Agriculture, Nutrition, and 

Forestry of the Senate. 

ø(d) LIMITATION.—In calculating an annual adjustment to the 

base cabin user fee as determined by the initial index described in 

section (b), the Secretary shall— 

ø(1) limit any annual fee adjustment to an amount that is 

not more than 5 percent per year when the change in agricultural land values exceeds 5 percent in any 1 year; and 

ø(2) apply the amount of any adjustment that exceeds 5 percent to the annual fee payment for the next year in which the 

change in the index factor is less than 5 percent. 

øSEC. 609. PAYMENT OF CABIN USER FEES. 

ø(a) DUE DATE FOR PAYMENT OF FEES.—A cabin user fee shall 

be prepaid annually by the cabin owner. 

ø(b) PAYMENT OF EQUAL OR LESSER FEE.—If, in accordance with 

section 607, the Secretary determines that the amount of a new 

base cabin user fee is equal to or less than the amount of the curVerDate Sep 11 2014 07:07 Jan 09, 2015 Jkt 049006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6601 E:\HR\OC\HR707.XXX HR707

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rent base cabin user fee, the Secretary shall require payment of the 

new base cabin user fee by the cabin owner in accordance with subsection (a). 

ø(c) PAYMENT OF GREATER FEE.—If, in accordance with section 

607, the Secretary determines that the amount of a new base cabin 

user fee is greater than the amount of the current base cabin user 

fee, the Secretary shall— 

ø(1) require full payment of the new base cabin user fee in 

the first year following completion of the fee determination procedure if the increase in the amount of the new base cabin user 

fee is not more than 100 percent of the current base cabin user 

fee; or 

ø(2) phase in the increase over the current base cabin user 

fee in approximately equal increments over 3 years if the increase in the amount of the new base cabin user fee is more 

than 100 percent of the current base cabin user fee. 

øSEC. 610. RIGHT OF SECOND APPRAISAL. 

ø(a) RIGHT OF SECOND APPRAISAL.—On receipt of notice from the 

Secretary of the determination of a new base cabin user fee, the 

cabin owner— 

ø(1) not later than 60 days after the date on which the notice 

is received, may notify the Secretary of the intent of the cabin 

owner to obtain a second appraisal; and 

ø(2) may obtain, within 1 year following the date of receipt 

of the notice under this subsection, at the expense of the cabin 

owner, a second appraisal of the typical lot on which the initial 

appraisal was conducted. 

ø(b) CONDUCT OF SECOND APPRAISAL.—In conducting a second 

appraisal, the appraiser selected by the cabin owner shall— 

ø(1) have qualifications equivalent to the appraiser that conducted the initial appraisal in accordance with section 

606(a)(4); 

ø(2) use the appraisal guidelines used in the initial appraisal 

in accordance with section 606(a)(5); 

ø(3) consider all relevant factors in accordance with this title 

(including guidelines developed under section 606(a)(3)); and 

ø(4) notify the Secretary of any material differences of fact 

or opinion between the initial appraisal conducted by the agency and the second appraisal. 

ø(c) REQUEST FOR RECONSIDERATION OF BASE CABIN USER FEE.— A cabin owner shall submit to the Secretary any request for reconsideration of the base cabin user fee, based on the results of the 

second appraisal, not later than 60 days after the receipt of the report for the second appraisal. 

ø(d) RECONSIDERATION OF BASE CABIN USER FEE.—On receipt of 

a request from the cabin owner under subsection (c) for reconsideration of a base cabin user fee, not later than 60 days after the date 

of receipt of the request, the Secretary shall— 

ø(1) review the initial appraisal of the agency; 

ø(2) review the results and commentary from the second appraisal; 

ø(3) determine a new base cabin user fee in an amount that 

is— 

ø(A) equal to the base cabin user fee determined by the 

initial or the second appraisal; or 


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ø(B) within the range of values, if any, between the initial and second appraisals; and 

ø(4) notify the cabin owner of the amount of the new base 

cabin user fee. 

øSEC. 611. RIGHT OF APPEAL AND JUDICIAL REVIEW. 

ø(a) RIGHT OF APPEAL.—Notwithstanding any action of a cabin 

owner to exercise rights in accordance with section 610, the Secretary shall by regulation grant the cabin owner the right to an administrative appeal of the determination of a new base cabin user 

fee. 

ø(b) JUDICIAL REVIEW.—A cabin owner that is adversely affected 

by a final decision of the Secretary under this title may bring a 

civil action in United States district court. 

øSEC. 612. CONSISTENCY WITH OTHER LAW AND RIGHTS. 

ø(a) CONSISTENCY WITH RIGHTS OF THE UNITED STATES.—Nothing in this title limits or restricts any right, title, or interest of the 

United States in or to any land or resource. 

ø(b) SPECIAL RULE FOR ALASKA.—In determining a cabin user fee 

in the State of Alaska, the Secretary shall not establish or impose 

a cabin user fee or a condition affecting a cabin user fee that is inconsistent with 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)). 

øSEC. 613. REGULATIONS. 

øNot later than 2 years after the date of enactment of this title, 

the Secretary shall promulgate regulations to carry out this title. 

øSEC. 614. TRANSITION PROVISIONS. 

ø(a) ASSESSMENT OF ANNUAL FEES.—For the period of time determined under subsection (b), the Secretary shall charge each 

cabin owner an annual fee as follows: 

ø(1) LOTS NOT APPRAISED SINCE SEPTEMBER 30, 1995.—For a 

lot that has not been appraised since September 30, 1995, the 

annual fee shall be equal to the amount of the annual fee in 

effect on the date of enactment of this title, adjusted annually 

to reflect changes in the Implicit Price Deflator-Gross National 

Product Index. 

ø(2) LOTS APPRAISED ON OR AFTER SEPTEMBER 30, 1995.— 

ø(A) IN GENERAL.—Except as provided in subparagraph 

(B), for a lot that has been appraised on or after September 30, 1995, the annual fee shall be equal to the 

amount of the fee in effect on the date of enactment of this 

title, adjusted annually to reflect changes in the Implicit 

Price Deflator-Gross National Product Index. 

ø(B) APPRAISALS RESULTING IN BASE FEE INCREASE.— 

ø(i) IN GENERAL.—Except as provided in clause (ii), 

for a lot that has been appraised on or after September 30, 1995, for which the appraisal resulted in 

an increase of the base fee by an amount greater than 

$3,000, the annual fee shall be equal to the sum of 

$3,000 plus the amount of the annual fee in effect on 

October 1, 1996, adjusted annually to reflect the percentage change in the Implicit Price Deflator-Gross 

National Product Index. 


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ø(ii) FEES PAID AFTER REQUEST OF NEW APPRAISAL

OR PEER REVIEW.—If— 

ø(I) the cabin owner of a lot described in clause 

(i) requests a new appraisal or peer review under 

subsection (c); and 

ø(II) the base cabin user fee established as a result of the appraisal or peer review is determined 

to be an amount that is 90 percent or more of the 

fee in effect for the lot as determined by an appraisal conducted on or after September 30, 1995, 

the Secretary shall charge the cabin owner, in addition 

to the annual fee that would otherwise have been due 

under section 609, the difference between the base 

cabin user fee determined through the conduct of the 

new appraisal or peer review and the annual fee that 

would otherwise have been due under section 609, to 

be assessed retroactively for each year beginning with 

the year in which the previous appraisal was conducted, and to be paid in 3 equal annual installments. 

ø(b) TERM.— 

ø(1) LOTS NOT APPRAISED SINCE SEPTEMBER 30, 1995.—For a 

lot that has not been appraised since September 30, 1995, the 

Secretary shall charge fees in accordance with subsection 

(a)(2)(A) until— 

ø(A) a base cabin user fee is determined in accordance 

with— 

ø(i) this title; or 

ø(ii) regulations and policies in effect on the date of 

enactment of this title; and 

ø(B) the right of the cabin owner to a second appraisal 

under section 610 is exhausted. 

ø(2) LOTS APPRAISED ON OR AFTER SEPTEMBER 30, 1995.—For 

a lot that has been appraised on or after September 30, 1995, 

the Secretary shall charge fees under subsection (a)(2) until— 

ø(A) the cabin owner requests a new appraisal or peer 

review, and a base cabin user fee is established, under 

subsection (c); or 

ø(B) in the absence of a request for a peer review or a 

new appraisal under subsection (c), the date that is 2 

years after the date on which the Forest Service promulgates regulations and policies and develops appraisal 

guidelines under this title. 

ø(c) REQUEST FOR NEW APPRAISAL UNDER NEW LAW.— 

ø(1) IN GENERAL.—Not later than 2 years after the promulgation of final regulations and policies and the development of 

appraisal guidelines in accordance with section 606(a)(5), cabin 

owners that are subject to appraisals completed after September 30, 1995, but before the date of promulgation of final 

regulations under section 613, may request, in accordance with 

paragraph (2), that the Secretary— 

ø(A) conduct a new appraisal and determine a new base 

cabin user fee in accordance with this title; or 

ø(B) commission a peer review of the existing appraisals 

in accordance with paragraph (4). 


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ø(2) APPRAISAL GROUPINGS BY TYPICAL LOT.—A request for a 

new appraisal or for a peer review of existing appraisals under 

paragraph (1) shall be made by a majority of the cabin owners 

in a group of cabins represented in the appraisal process by a 

typical lot. 

ø(3) CONDUCT OF NEW APPRAISAL.—On receipt of a request 

for an appraisal and fee determination in accordance with 

paragraph (2), the Secretary shall conduct the new appraisal 

and fee determination in accordance with this title. 

ø(4) PEER REVIEW OF EXISTING APPRAISALS.— ø(A) IN GENERAL.—On receipt of a request for peer review in accordance with paragraph (2), the Secretary shall 

obtain from an independent professional appraisal organization a review of the appraisal (including any report on 

the appraisal) that was used to establish the estimated fee 

simple value of the lots within the subject grouping. 

ø(B) INCONSISTENCY.—If peer review described in subparagraph (A) results in a determination that an appraisal 

or appraisal report includes provisions or procedures that 

were implemented or conducted in a manner inconsistent 

with this title, the Secretary shall, as appropriate and in 

accordance with this title— 

ø(i) revise an existing base cabin user fee; or 

ø(ii) subject to an agreement with the cabin owners, 

conduct a new appraisal and fee determination. 

ø(5) PAYMENT OF COSTS.—Cabin owners and the Secretary 

shall share, in equal proportion, the payment of all reasonable 

costs of any new appraisal or peer review. 

ø(d) ASSUMPTION OF NEW BASE CABIN USER FEE.—In the absence of a request under subsection (c) for a new appraisal and fee 

determination from a cabin owner whose cabin user fee was determined as a result of an appraisal conducted after September 30, 

1995, but before the date of promulgation of final regulations under 

section 613, the Secretary may consider the base cabin user fee resulting from the appraisal conducted between September 30, 1995 

and the date of promulgation of the final regulations under section 

613 to be the base cabin user fee that complies with this section.¿ 

Æ 


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